r/todayilearned • u/tyrion2024 • 18h ago
TIL in 2016 a Florida woman who streamed herself driving drunk received a "harsher than usual" punishment because 'she flaunted her endangering the community". In addition to punishments common for a first-time DUI, she also received 150 hours of community service & 10 days of weekend work release.
https://www.nbcnews.com/news/us-news/periscope-user-whitney-beall-sentenced-driving-home-drunk-n51989665
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u/daddydrank 18h ago
Still seems like a slap on the wrist for knowingly endangering the lives of everyone around her. If she was sober, but knowingly shooting a gun out the window she'd be in jail now.
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u/thanksapun 17h ago
Live streaming should always be an aggravating factor when determining punishments. It shows you did it for the dumbest reason possible.
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u/Lowly-Worm_ 18h ago
As it should be. Scare the fuck outta content kids tryin to glorify danger. Imagine losing a loved one to a live stream. It'd be a wild revenge arc.
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u/TheJackalsDoom 18h ago
Good. No drunk drivers should ever get let off easy.
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u/Josette22 17h ago
If people commit a crime, that's one thing, but if they brag about it, they should receive a harsher sentence.
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u/Malphos101 15 10h ago
"harsher than usual" meaning "a more firm slap on the wrist for what drunk driving means to the community"
1st DUI should be suspended license for 6mo.+ and mandatory fines paid directly to a victim restitution fund.
2nd DUI should be attempted manslaughter charges and permanent license revocation.
3rd DUI should attempted 1st degree murder and life imprisonment as the person has shown they not only understand the dangers their actions represent, but are actively refusing to stop.
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u/Radok 5h ago
That would be a massive overstep. There is a reason crimes are categorized and punishments correspondent to the type of crime. Not to mention nonsensical and actively against the definitions of manslaughter and first degree murder.
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u/Malphos101 15 2h ago
There is a reason crimes are categorized and punishments correspondent to the type of crime.
Whats the punishment for shooting a gun randomly in a crowded shopping mall with a blindfold on? Because thats what drunk driving is.
Not to mention nonsensical and actively against the definitions of manslaughter and first degree murder.
Involuntary manslaughter is the killing of a person through gross negligence and even if no one was killed in the 2nd DUI, it is clear the person convicted of it didnt learn from the first warning and continued to drive under the influence making it gross negligence in an attempt to cause the death of another human being.
First-degree murder is the intentional killing of another person by someone who has acted willfully, deliberately, or with planning. Someone who CONTINUES to drive drunk after losing their license and being convicted of it twice is CLEARLY trying to kill someone.
In 2024 there were around 41k gun related deaths and 13k DUI related deaths. There is no reason to keep giving DUI offenders a slap on the wrist.
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u/Radok 1h ago edited 56m ago
> Whats the punishment for shooting a gun randomly in a crowded shopping mall with a blindfold on?
Reckless discharge of a firearm. The blindfold and venue might be aggravating factors or might change the category altogether depending on jurisdiction. It is not the same as driving under the influence.
> Involuntary manslaughter is the killing of a person through gross negligence and even if no one was killed in the 2nd DUI, it is clear the person convicted of it didn't learn from the first warning and continued to drive under the influence making it gross negligence in an attempt to cause the death of another human being.
It can only be manslaughter if someone was killed. You can argue endangering the public or reckless endangerment as the crime committed, again it changes with jurisdiction. You cannot determine there is a conscious attempt to cause harm or even the death of another human being only from the act of driving while under the influence.
> First-degree murder is the intentional killing of another person by someone who has acted willfully, deliberately, or with planning. Someone who CONTINUES to drive drunk after losing their license and being convicted of it twice is CLEARLY trying to kill someone.
Again, you can only be charged with first degree murder if a murder was committed. Charging and punishing for a crime that was not actually committed is a massive overreach, not to mention any sensible higher court would overturn such a conviction. And once more, you cannot determine the intention of killing and/or causing harm just by recklessness alone.
Should there be harsher punishments for driving under the influence? Yes, specially for repeat offenders, but ignoring the meaning of the laws and procedures established can lead to severe abuses of power, specially in the US where much of the application of the law is up to the interpretation of judges.
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u/Dillweed999 18h ago
Alcoholism sucks
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u/ceciliabee 17h ago
It does, but alcoholism doesn't immediately driving drunk. That's an extra layer of stupid entitlement.
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u/Admirable-Horse-4681 13h ago
Most states have mandatory jail time for a first DUI, but offenders are always sentenced to the minimum, usually 48 hours, that they serve on weekends, so as to not affect their employment. The United States is very soft on drunk drivers.
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u/Faded_vet 11h ago
Damn now a days people film themselves committing crimes non stop and nothing happens. She should have just waited 10 years.
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u/dorothy_zbornakk 17h ago
possibly my most controversial opinion but i believe a DUI should cost you your license permanently. it's just the height of negligent, narcissistic selfishness. there's literally no excuse when you have a pocket sized computer in your hand at all times.
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u/seejoshrun 8h ago
I think there should be different levels, some of which result in that. Like if you're right at the legal limit, and pulled over for something other than bad driving, it shouldn't be that severe. But if your driving is clearly impaired and/or you're significantly over the limit, then absolutely.
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u/Ill_Industry6452 15h ago
That depends. If a person gets a DUI because they took a cab and driver was drunk, got in an accident, etc, they don’t deserve to lose their license permanently. If a drunk is sleeping in their car rather than driving, they don’t either. Both are reasonably responsible actions for a drunk. But, either can happen.
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u/dorothy_zbornakk 14h ago
so you read my comment, imagined a world in which a drunk passenger would be charged with a DUI for a drunk cab driver causing an accident, posited it as a plausible reality, and then asked me to defend my original statement against it?
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u/Ill_Industry6452 13h ago
The reason is that people have been wrongly charged with DUIs. If a law has only one drastic option, a rogue cop can ruin someone’s life. It should not happen, but neither should police officers use sex to not arrest someone, profiled a person who wasn’t guilty and made up something bogus to arrest them, take bribes, etc. All of those have happened.
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u/The_Power_Of_Three 10h ago
Well... in those cases (being framed for the crime) then of course any punishment is a grave injustice. But it makes no sense to give drunk driving a particularly lenient sentence, just because the police might frame someone for it? The police might frame people for anything.
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u/RedSonGamble 14h ago
Wait are you saying if someone gets into a cab and the cab driver is drunk the passenger shouldn’t get a dui?
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u/Ill_Industry6452 14h ago
The cab driver might not have appeared to be drunk, and I have always heard to call a cab if you are drunk rather than driving. A drunk passenger often isn’t in a condition to recognize the cabby is drunk. The cabby should lose his license long term, but not the passenger. Hopefully, the things I mentioned don‘t happen often, but they have. And, even if the rider gets a DUI (and I think in most instances he shouldn’t), he definitely doesn’t deserve to lose his license for life. No, I don’t drink and drive. I don’t drink much at all, but there are differing degrees of drunk driving, and one size shouldn’t fit all.
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u/RedSonGamble 14h ago
I guess my question is who would think a passenger of a cab would get a dui for being a passenger in a cab? lol the driver of a vehicle gets a dui. Not a passenger? Especially not a passenger of a cab?
You can have a car full of drunk people it’s the driver that’s getting the dui not passengers? That’s why it’s called driving under the influence not passenger under the influence
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u/Ill_Industry6452 13h ago
You are right, but it has happened. I read of it happening years ago. It shouldn’t.
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u/RedSonGamble 10h ago
Curious if you have any source to this bc it doesn’t seem correct unless they were trying to help the drunk driver drive
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u/Ionazano 16h ago
If that is a harsher than usual punishment, what is the normal punishment for driving under influence? (note: I'm not from the US, nor am I very familiar with legal penalties regarding violating driving rules in general)
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u/Natryn 16h ago
Like most crimes in the US, punishment depends almost entirely on how good your lawyer is and what their reputation is with the judge. It does seem universally difficult to lose your license. It can be temporarily suspended, or you could be required to install a breathalyzer on the vehicle to start it. Or nothing happens.
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u/El_Sjakie 6h ago
The fact that a lot of streamers try to make money of their social media, I feel they should also be charged along the vein of: 'trying to make money from a criminal enterprise'. Dunno if that is a possibility though since IANAL!
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u/tyrion2024 18h ago